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HomeMy WebLinkAboutO-1995-2073 , e ORDINANCE NO. 95-2073 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BROWNING-FERRIS, INC., FOR COLLECTION AND DISPOSAL OF COMMERCIAL SOLID WASTE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 10 The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures 'and to affix the seal of the City to all such documents. section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. . ORDINANCE NO. g5- 2073 e PAGE 2 PASSED AND APPROVED, this 9th day of October, 1995. ATTEST: By: s~ J_ L.,-- Sue Lenes, City Secretary ~::u, Knox W. Askins, City Attorney I[::;;~ Norman L. Malon(~- Mayor . . NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT. ARTICLE 224. ET. SEO.. REVISED CIVIL STATUTES OF TEXAS THE STATE OF TEXAS COUNTY OF HARRIS CONTRACT COLLECTION AND DISPOSAL OF COMMERCIAL SOLID WASTE CITY OF LA PORTE THIS AGREEMENT, made and entered into by and between the City of La Porte, a Municipal Corporation of Harris County, Texas, hereinafter called the "City", and Browning-Ferris, Inc., a corporation duly organized under the laws of the State of Delaware, hereinafter called the "Contractor". WITNESSETH that for and in consideration of the paYments and agreements hereinafter mentioned to be made and performed by the City, the Contractor hereby agrees with the City to commence and complete the work described as follows: The Contractor shall furnish all personnel, labor, equipment, and all other necessary items to provide for the collection and disposal of commercial and industrial solid waste within the corporate limits of the City of La Porte, as specified, and to perform all the work called for in accordance with the Contract Documents, including the Request for Proposal, Instructions to Proposers, Proposal, Affidavit, Proposal Bond, Contract, General Specifications including Exhibit A, B, C and D, Performance Bond, and any changes to the foregoing documents agreed to by the City and the Contractor, all of which are made a part hereof as fully as if set out herein and hereby become a part of these documents. It is agreed and understood between the parties that the Contractor agrees to accept and the Owner agrees to pay for the work at the prices and amounts stipulated in the Rate Schedule, and paYments shall be made at the time and in the amounts and in the manner set forth in the Contract Documents. This Contract shall become effective upon the execution of the Contract, and performance of such contract shall begin November 1, 1995. In the event of conflict with any terms, prov~s~ons or obligations of any of the Contract Documents, the General Specifications shall apply. PAGE 1 OF 21 e . In the event that any portion of the Contract Documents are found invalid or unenforceable, the invalid or unenforceable portion shall not affect the validity or enforceability of any other portion of the Contract Documents. IN WITNESS WHEREOF, the parties to these presents have executed this contract in multiple cOJ~;[rparts, each of which shall be deemed an original, this the day of October, 1995. ,/ THE CITY OF LA PORTE ( SEAL) By:G?~ T.~ Robert T. Herrera, City Manager ATTEST: S.......-e Sue Lenes, ~ City Secretary APPROVED AS TO CITY ATTORNEY BY: Ann (SEAL) ATTEST: ~,t/ Ju~ PAGE 2 OF 21 1.00 1.02 1.03 1.04 1.05 1. 06 1.07 1.08 . . GENERAL SPECIFICATIONS COLLECTION AND DISPOSAL OF COMMERCIAL SOLID WASTE BINS - Metal receptacles designed to be lifted and emptied mechanically for use at Commercial and Industrial Uni ts. For the purposes of this contract, Bins are containers of 2,3, 4, 6, 8 and 10 cubic yards designed for collection with a front-loading collection vehicle, and Bins that are 20, 30, and 40 cubic yards, designed for collection with a tilt-loading collection vehicle, also called Roll-off. BULKY WASTE - Appliances, water tanks, furni ture and other waste materials, other than Construction Debris, Dead Animals, Hazardous Waste or Stable Matter with weights or volumes greater than those allowed for Bins. CITY - City of La Porte, Texas. COMMERCIAL AND INDUSTRIAL REFUSE - All Bulky Waste, Construction Debris, Garbage, Rubbish and Stable Matter generated by a Producer at a Commercial and Industrial Unit. COMMERCIAL AND INDUSTRIAL UNIT - All premises, locations or entities, public or private, requiring refuse collection within the corporate limits of the city, other than a single-family Residential Unit. For the purposes of these specifications, apartments, condominiums and townhomes, and trailer parks are considered Commercial Units. CONSTRUCTION DEBRIS - Waste building materials resulting from construction, remodeling, repair or demolition operations. CONTRACT DOCUMENTS The Request for Proposal, Instructions to Proposers, Affidavit, Proposal, Proposal Bond, Contract, General Specifications, including Exhibit A, B, C and D, Performance Bond and any addenda or changes to the foregoing documents agreed to by the City and the Contractor. CONTRACTOR Browning-Ferris, Inc., or its duly authorized successor, performing Commercial and Industrial Refuse Collection and Disposal with the City under the terms of the Contract Documents. PAGE 3 OF 21 1.09 1.10 1.11 1.12 1.13 1.14 1.15 . e DEAD ANIMALS - Animals or portions thereof equal to or greater than 10 lbs. in weight that have expired from any cause, except those slaughtered or killed for human use. DISPOSAL SITE - A Refuse depository, including, but not limited to, sanitary landfills, transfer stations, incinerators and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive, for processing or final disposal of, Garbage, Refuse and Dead Animals. GARBAGE - Any and all dead animals of less than 10 lbs. in weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter, (including but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposed waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of Bulky Waste, Construction Debris, Dead Animals, Hazardous. Waste, Rubbish or Stable Matter. HARD TO HANDLE WASTE - Any and all material that, because of its difficulty in collection, transport, or disposal causes the Contractor to incur an additional cost, including, but not limited to concrete. HAZARDOUS WASTE - Waste, in any amount, which is defined, characterized or designated as hazardous by the United states Environmental Protection Agency or appropriate State agency by or pursuant to Federal or State law, or waste, in any amount, which is regulated under Federal or State law. For the purposes of this Contract, the term Hazardous Waste shall include motor oil, gasoline or other petroleum product, paint and paint containers. PRODUCER - An occupant of a Commercial and Industrial Unit who generates Refuse. REFUSE This term shall refer to Commercial and Industrial Refuse to be collected and disposed of pursuant to this Contract unless the context requires otherwise. PAGE 4 OF 21 1.16 1.17 2.00 3.00 3.01 e e RUBBISH - All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, and any and all other waste material not included in the definition of Bulky Waste, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter. STABLE MATTER - All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock. SCOPE OF WORK - The work under this Contract shall consist of the items contained in the Contract Documents, including all the supervision, materials, equipment, labor, services and all other items necessary to complete said work in accordance with the Contract Documents. TYPE OF COLLECTION SERVICE PROVIDED Contractor shall provide Bin collection service for the temporary and permanent collection of Commercial and Industrial Refuse to Commercial and Industrial units according to individual agreement. The Contractor shall also provide special collection and disposal of bulky waste, construction debris, and rubbish from residential, vacant and commercial properties, using methods other than providing bins, if requested, at rates established under section 13.01. The Contractor may, from time to time, provide for special collection of Dead Animals and Hazardous Waste at Commercial and Industrial units at its sole discretion and upon such terms and conditions as may be mutually agreeable between the Contractor and the Producer. 3.02 LOCATION OF BINS FOR COLLECTION - Contractor shall provide Bins for Commercial and Industrial units whenever customers request their use. Each Bin shall display the Contractor's name and local telephone number in a clear and legible manner. All Bins shall be covered, and maintained in a good and nuisance-free condition. PAGE 5 OF 21 3.03 3.04 3.05 4.00 4.01 e e Each Bin shall be placed in an accessible, outside location on a hard surface. Contractor shall make all efforts to place the Bin at the customer's requested location, as long as the location is entirely within the customer's property. In no event will a Bin ever be placed on any City, County or state right-of-way. CITY FACILITIES - The Contractor agrees to provide Bins, and collect and dispose of Refuse from City-owned facilities identified on Exhibit D of the Contract Documents, at no charge to the City. The City reserves the right to make minor modifications to the number, placement and frequency of collection from time to time, depending on the addition of facili ties and seasonal requirements. INITIAL START OF CONTRACT - It shall be the duty and responsibility of the Contractor to contact each and every Commercial and Industrial Unit to determine the collection and disposal needs of each unit. If commercial service is currently provided, regardless of the provider, or if commercial service is required or desirable, the Contractor shall provide the size Bin and collection frequency necessary. Upon obtaining information regarding size and frequency of collection needs, the Contractor shall provide such information to the city. It is understood that this information will be provided at the beginning of the contract period, with monthly updates provided to coincide with the billing period, as provided in Paragraph 13.09. CUSTOMER BASE - It is understood that the Contractor has the exclusive right, as the City's Independent Contractor, to collect all Refuse from Commercial and Industrial Units within the corporate limits of the City. All existing customers of the city, as well as those units utilizing other collection services, including the contractor's, are customers of the City, effective with this Contract, and will be serviced by the Contractor, acting as the City's Independent Contractor under the terms and conditions of this Contract. COLLECTION OPERATION HOURS OF OPERATION Collection of Commercial and Industrial Refuse shall be permitted before 6:00 A.M., provided that collection routes do not disturb single family or mUlti-family residential units. PAGE 6 OF 21 4.02 4.03 4.04 4.05 e e ROUTES - Commercial and Industrial unit collection routes shall be established by the Contractor. The Contractor shall have the right to pursue with each Producer a collection frequency and Bin size that maximizes the Contractor's resources, while ensuring sanitary and odorous conditions are not compromised. If agreement cannot be reached, the City shall have the right to determine Bin size and collection frequency. HOLIDAYS - Commercial and Industrial Unit collection shall not be required on the following recognized holidays: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day When normal collection falls on a holiday, the Contractor will provide collection on the day before or the day after the holiday, at the Contractor's discretion. SERVICE REQUESTS AND INQUIRIES - The Contractor will maintain a business office within the city to receive requests for service and complaints. It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 A.M. to 5:00 P.M. on weekdays, excluding Holidays. provisions shall also be made for emergency calls after 5:00 P.M. on weekdays and Saturdays before 3: 00 P.M. All requests for extra or special service, and any complaints from Commercial and Industrial Units shall be directed to the Contractor. All such requests and complaints shall be given prompt and courteous attention. All requests for extra service will be accommodated by the Contractor as the Contractor's schedule permits, and the City shall be notified of extra service requests with the Contractor's monthly billing. In the case of alleged missed scheduled collections, the Contractor shall investigate and, if determined valid, shall arrange for the collection of the Refuse not collected within 24 hours after the complaint is received. If the matter cannot be resolved, the City has the right to make the final determination. NEW AND DISCONTINUED SERVICES - All request for new and discontinued service shall be directed to the ci ty , between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, excluding Holidays, at City Hall, 604 West Fairmont Parkway, La Porte, Texas. The City will promptly notify the Contractor of all such requests, and the Contractor will comply with the request within 48 hours of receipt of the request. PAGE 7 OF 21 4.06 4.07 4.08 4.09 4.10 e e In the case of new service requests, from time to time the Contractor may be required to consult with the potential Producer to determine Bin size and collection frequency. The City will promptly notify the Contractor of such, and the Producer, upon determination of said size and frequency in consultation with the Contractor, will make proper application with the City, who will then notify the Contractor as outlined above. INACCESSIBLE BINS - If, during the collection cycle, the Contractor in good faith determines that collection of a particular Commercial and Industrial unit is not possible due to the inaccessibility of the Bin, through no fault of the Contractor, the Contractor will make a good faith effort to contact the unit to provide accessibility. The Contractor can, but is not required to, return the same day to provide collection. If the Contractor cannot gain accessibility on the regular scheduled collection day, the Contractor shall provide service on the next scheduled collection day, and the unit shall be charged an amount as provided by the Contract equal to the amount due by Producer had the collection been made. COLLECTION EQUIPMENT - The Contractor shall provide an adequate number of vehicles for regular collection services, including sufficient back-up vehicles. Vehicles shall be covered or totally enclosed, meet all statutory requirements for safety and other regulations, and shall be kept in good repair, appearance, and in a sani tary condition at all times. Each vehicle shall have clearly visible, on each side of the vehicle, the name and telephone number of the Contractor. COLLECTION AND TRANSPORT - All Refuse collected and transported by the Contractor shall be so contained that no spilling, leaking, blowing or falling occurs. If Refuse is spilled, leaked, blown or falls during collection or transport, Contractor shall clean all such Refuse immediately. DISPOSAL - All Refuse collected for disposal by the Contractor shall be transported to a Disposal site. The charge for disposal shall be included in the rate set forth in the Contract for each Commercial and Industrial unit serviced by the Contractor. CONTRACTOR'S EMPLOYEES - The Contractor shall assign a qualified person or persons to direct collection and disposal operations and shall furnish the name or names of such person(s) to the City. Such person(s) shall have full authority to respond immediately to and resolve complaints or problems. PAGE 8 OF 21 5.00 6.00 7.00 e e Contractor's employees shall be uniformed, with company and name identification provided on said uniforms. All drivers will possess the appropriate license as issued by the Texas Department of Public safety. GOVERNING LAWS - This Contract shall be governed by the laws of the state of Texas and the Ordinances of the City of La Porte. Should any disagreement occur concerning the Contract, the parties agree that the venue for settling such disputes, including claims and suits, shall be Harris County, Texas, provided however, nothing in this paragraph shall prevent the parties from resolution of any dispute under Paragraph 17.00 of the Contract. EFFECTIVE DATE AND TERM - This contract shall become effective, and performance shall begin on November 1, 1995. The Contract shall be for a five (5) year period beginning on November 1, 1995 and remain in full force until October 31, 2000. The initial term of the Contract may be extended for an additional five (5) years, upon the Mutual agreement of the Contractor and the City. Request for extension by the Contractor shall be submitted in writing, on or before June 1, 2000. The request for extension shall contain the proposed pricing, including proposed formula for price increases, and any additional terms or conditions not contained in the original Contract Documents. If the City disapproves the proposed extension on or before August 1, 2000, the Contractor shall be entitled to terminate service effective November 1, 2000, provided written notice is served to the City on or before August 15, 2000. If the City does not act on the proposed extension on or before August 1, 2000, or written notice is not served to the City by August 15, 2000, the Contractor agrees to extend the Contract with the City for one (1) additional year, from November 1, 2000 to August 31, 2001, according to Paragraph 13.02 of the Contract Documents. INDEMNITY - The Contractor will indemnify and save harmless the City, its officers, agents, servants and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney's fees incident to any work done in the performance of this Contract, including damages, penalties or claims arising from the disposal of any waste by the Contractor or arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees. However, the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney's fees arising out of a willful or negligent act or omission of the City, its officers, agents, servants and employees. PAGE 9 OF 21 8.00 9.00 10.00 e e NONDISCRIMINATION - The Contractor in its emploYment, operations and service shall not discriminate against any person because of race, sex, age, creed, color, religion, national origin, or in any other manner prohibited by law. NOTICE All written notices shall be served by registered or certified mail to the parties, return receipt requested, as follows: CITY City Manager City of La Porte P.O. Box 1115 La Porte TX 77572 CONTRACTOR District Manager - Bay Area District BFI Waste Systems, Inc. P.O. Box 1379 La Porte, TX 77572 INSURANCE - The Contractor shall, at all times during the term of this contract, maintain in full force and effect Employer's Liability, Worker's Compensation, Public Liability and Property Damage insurance, including Contractual Liabili ty coverage for the provisions of section 7.00. All insurance shall be by insurers licensed to do business in the State of Texas, and for the policy limits as specified by the City, before the commencement of work. The Contractor agrees to furnish the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in full force at this time. In the event of cancellation or material change in a pOlicy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder." The Contractor may elect, with the express prior written consent of the City, to insure the required coverages under planes) of self-insurance. The coverages may be provided by the Contractor's parent corporation, subject to all applicable provisions of Texas law and the licensing requirements of the appropriate State of Texas agency. PAGE 10 OF 21 10.01 11. 00 11. 01 11.02 e e INSURANCE POLICY LIMITS For the purposes of the Contract, the Contractor shall carry the following types of insurance in at least the limits specified below: COVERAGES LIMITS OF LIABILITY Worker's Compensation Statutory Employer's Liability Public Liability, Bodily Injury, Including Death, Except Automobile Property Damage Liability Except Automobile $500,000 per occurrence $500,000 each occurrence $1,000,000 'aggregate $500,000 each occurrence $1,000,000 aggregate Automobile Bodily Injury Liability, (owned and non- owned), Including Death Automobile Property Damage Liability (owned and non-owned) $500,000 each person $1,000,000 ea. occurrence $500,000 each occurrence Excess Umbrella Liability $5,000,000 ea. occurrence PERFORMANCE BOND - Upon award of the Contract, the Contractor shall furnish to the City a corporate surety bond, issued by a corporate surety licensed to do business in the State of Texas, as security for the faithful performance of this Contract. Said surety bond must be in the amount of three hundred and fifty thousand dollars ($350,000.00), which represents the estimated billing for the first year of the Contract. The bond shall indemnify the City against any loss resulting from any failure of performance by the Contractor up to and including the penal sum of the bond. PREMIUM - The premium for the bond(s) described above shall be paid by the Contractor. A certificate from the surety showing that the bond premiums are paid in full shall accompany the bond. POWER OF ATTORNEY Attorneys in fact who sign performance bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. PAGE 11 OF 21 12.00 12.01 12.02 12.03 13.00 13.01 e e FAILURE TO PERFORM NOTICE - All terms and conditions of the Contract are considered to be material and a failure to perform or a breach of any condition, term or provision of any part of the Contract shall be considered to be a default consti tuting grounds for termination or other default relief. Should the Contractor fail to perform any of its contractual obligations, the City shall provide written notice of termination and cancellation of the contract. The notice shall set forth the causes and reasons for the proposed termination and cancellation. The City's failure to give notice shall not be deemed a waiver of subsequent defaults or failure to perform. REMEDY - Should the Contractor fail to correct such breach within ten (10) days of the notice, the city may, at its option, terminate this agreement and negotiate with other contractors for the performance of the service. Such action shall not release the Contractor of liability to the City for such breach of agreement. In the event of termination under this provision, the City may utilize the performance bond(s) to fund cost of service for collection and disposal, and may avail itself of any other remedy allowed by law for damages resulting from Contractor's failure to perform. FORCE MAJEURE - In the event that the Contractor is delayed or prevented from continuing in the performance of this Contract by reason of an Act of God, catastrophe, riot, war, governmental order or regulation, strike or other similar or different contingency beyond the reasonable control of the Contractor, the Contractor shall not be liable for damages arising solely out of such contingency. BASIS AND METHOD OF PAYMENT COLLECTION AND DISPOSAL RATES For collection and disposal services required to be performed by the Contract, the charges for said services shall be as outlined under Exhibit A, Band C (Rate Schedule), and said charges shall not exceed the rates as fixed by the Contract Documents, as adjusted in accordance with Paragraph 13.02. The Refuse collection charges provided in this section shall include all collection, disposal, State fees, and related costs. Bins will be deemed full for purposes of determining cubic yards collected, with the capacity as determined by the manufacturer. PAGE 12 OF 21 13.02 13.03 13.04 13.05 e e MODIFICATION OF RATES - The Contractor and the City hereby agree that the fees for such refuse collection and disposal service as provided in Exhibit A, Band C shall be binding upon both parties for the first year of the Contract, that is from November 1, 1995 through October 31, 1996. In the event that the Contractor determines that an increase in such collection and disposal fees is required due to an increase of specific costs incurred by the Contractor in providing such services, then the Contractor shall submit, in writing, to the City on or before July 15, 1996, and subsequent years, its proposal for increased fees and all supporting data related thereto, and such proposed increases shall be approved in accordance with Paragraph 13.03 and 13.04, with a maximum annual rate increase as defined in Paragraph 13.05. ANNUAL COST OF LIVING ADJUSTMENT - Beginning November 1, 1996, and in subsequent years thereafter, there shall be a cost of living adjustment of the base rates. The base rate for commercial container service shall include collection, transport and disposal costs. The base rate for roll-off service and special collections shall include collection and transport costs. The annual cost of living adjustment shall be calculated by multiplying the base rate by a fraction, the denominator of which shall be the April 1995 Consumer Price Index for all Urban Consumers (CPI-U), all items, U.S. City Average, and the numerator of which shall be the CPI-U for all items, U.S. City Average for April 1996, and subsequent dates of adjustment. DISPOSAL COSTS - The rate for roll-off service and special collection shall be increased annually to reflect increases in landfill disposal costs, but shall not exceed the current Type IV rate paid by the City for disposal of Type IV trash. MAXIMUM ANNUAL RATE INCREASE - Regardless of the actual cost increase incurred by the Contractor in a given period, as defined in 13.03 and 13.04, the City shall never incur an increase greater than four percent (4%) of the prevailing base rate in any Contract year. Provided, however, any fees, in addition to current State fees, imposed on all Disposal sites within a 25 mile radius of the City, by any local, state, federal or other regulatory agencies shall be passed to the City as they become effective. Such rate increase shall be in addition to and separate from any annual rate increase provided for in Paragraphs 13.03, 13.04 and 13.05. PAGE 13 OF 21 13.06 13.07 13.08 13.09 e e APPROVAL OF RATE INCREASES - After receipt of the Contractor's proposal to increase rates as outlined in Paragraph 13.02, the City shall approve or disapprove of the proposed rate increase on or before August 1, 1996, and in subsequent years, provided that the City shall approve any rate increase that has been properly established under section 13 of the Contract. Should the City fail to approve or disapprove of the proposed rate increase by such date, then the proposed increase shall take effect on November 1 of that Contract year. Should the Contractor and the City fail to agree on the proposed rate increase, resolution shall be subject to Paragraph 17.00. CITY TO ACT AS COLLECTOR The City shall submit statements to and collect from all Commercial and Industrial Units served by the Contractor, including all delinquent accounts. The billing rates shall be determined by City Ordinance, and any difference between the Contractor's rate and the ci ty' s rate shall be retained by the City for billing and administration of the Contract. DELINQUENT ACCOUNTS - The Contractor shall discontinue Refuse collection service to any Commercial and Industrial Unit, delinquent in its payments to the City, upon reasonable prior written notice by the City. Upon further prior written notification by the city that the Uni t ' s account has been made current, the Contractor shall resume Refuse collection on the next regularly scheduled collection day. CONTRACTOR BILLINGS TO THE CITY - The Contractor shall invoice the City, in arrears, for service rendered to Commercial and Industrial Units within ten (10) days following the end of the month, as set forth in the Contract, and the City will pay the Contractor on or before the end of such month. The Contractor shall be entitled to payment for services rendered to Units regardless of the status of the Unit's account with the City, subject to the provisions outlined in Paragraph 13.08. Should the City and the Contractor fail to agree on the invoice amount, then the City shall pay the disputed amount, subject to resolution under Paragraph 17.00. The Contractor's monthly statement to the City shall include an itemized listing of each Commercial and Industrial units' billing name, service address, City account number, size and frequency of service and any extra service provided during the billing period. PAGE 14 OF 21 14.00 15.00 16.00 17.00 18.00 e e TRANSFERABILITY OF CONTRACT - Other than by operation of law, no assignment of the Contract or any other right accruing under this Contract shall be made, in whole or in part, without the express written consent of the city. The City shall have the right to investigate the proposed assignee, as outlined under the original proposal, and reserves the right to reject any proposed assignee that does not meet the requirements of the original proposal. The City agrees to not unreasonably withhold consent of assignment. Upon assignment, the assignee agrees to assume all terms and conditions of the Contract. EXCLUSIVE CONTRACT - The Contractor shall have the sole and exclusive franchise, license, privilege and right to provide collection and disposal of Refuse from Commercial and Industrial Units, and special collections, within the corporate limits of the City. The Contractor shall have the right to solicit for collection and disposal of Dead Animals and Hazardous Waste, but such right shall not be exclusive. OWNERSHIP - Title to all Refuse and Dead Animals shall pass to the Contractor when placed in the Contractor's collection vehicle, removed by the Contractor from a Bin, or removed from the customer's premises. ARBITRATION - Should a dispute arise regarding the interpretation of any provision of the Contract, except Paragraph 7.00, or any proposed rate increase under Paragraph 13.06, or monthly invoices under Paragraph 13.09 that cannot be resolved, within a reasonable amount of time, between the City and the Contractor, the parties may request the determination of such dispute by a mutually acceptable arbitrator. Should the parties be unable to agree upon a mutually acceptable arbitrator, each party shall nominate one arbitrator and the arbitrators so nominated by the parties shall select a third arbitrator who will act with them as a three-member arbitration panel to decide the disagreement between the parties by the concurrence of a majority of the panel. Cost for such arbi tration shall be borne equally by Contractor and City, provided that each party shall bears its own attorney fees. The decision rendered by the arbitrator(s) will be final, subject only to judicial review as may be available under the Texas General Arbitration Act. Provided, however, that nothing in this paragraph shall prevent the parties from resolving disputes prior to formal arbitration. RELATIONSHIP BETWEEN THE PARTIES - The relationship between the parties is that of the City, as Owner, and Browning-Ferris, Inc., as Independent Contractor. PAGE 15 OF 21 . . Recyc!ed paper em EXHIBIT "A" CITY OF LA PORTE PROPO~ED RATES FOR FRONT END SERVICE ,. EQUIPMENT NUMBER OF DAYS PER WEEK . . TYPE 1 . Extra ptir 2 3 4 5 6 2 eu yd $17.94 $35,88 $53,82 $71 ,76 $89,70 $107.64 $ 4.14 3 eu yd $26,91 $53.82 $80.73 $107.64 $134.55 $16 1 .46 $ 6.21 4 ell yd $35.88 $71. 76 $107,64 $143,52 $179.40 $215.28 $ 8.28 6 eu yd $53,82 $107.64 $16 1.46 $215.28 $269,10 $322.92 $12.42 8 eu yd $71.76 $143.52 $215.28 $287.04 $358,80 $430.56 $16.56 1 0 eu yd $89,70 $179.40 $269.10 $358.80 $448.50 $538,20 $20.70 PAGE 16 OF 21 e - Recycled paper em EXHIBIT "B" CITY OF LA PORTE PROPOSED RATES FOR ROLL OFF SERVICE Size Current Base Rate Flow Fee Total Landfill Rates $.2S/cu. y~. (@ 3.50 ("11, vd. 20 yd $ 70,00 $ 132.85 $ 5,00 $ 207,85 LOOSE 10.39/cu.yd. 30 yd $ 105.00 $158,10 $ 7,50 $ 270:60 LOOSE 9.02/cu,yd. 40 yd $ 140.00 $ 166.88 $ 10,00 $ 316,88 LOOSE 7.92/cu. yd. "H d h dl" L d R II ff fill d . h '11 b h d d' I ar to an e oa s- o 0 contamers e Wit concrete WI e c ar e accor mgly, 20 yd @ $141. 60 $ 132,85 $ 5,00 $ 279.45 7.00 yd. 20 yd @ $ 210,00 $ 132.85 $ 7,50 $ 350,35 7.00 yd. 40 yd @ $ 280.00 $ 132.85 $ 10,00 $ 422.85 7.00 yd. 28 $ 115,36 $ 166.88 $ 11.20 $293.44 COMP ACTED 10.48/cu.yd. 35 $ 144.20 $ 166.88 $ 14.00 $325,08 COMP ACTED 9.28/cu. yd. 40 $ 164.80 $ 166.88 $ 16,00 $347,68 COMPACTED 8.69/cu. yd, TEMPORARY PERMANENT Delivery 2 Haul Minimum Rent $ 53.55 $ 75.00 $ -0- PAGE 17 OF 21 Delivery 2.Haul Minimum Rent $ 53.55 $ 75,00 -0- . . EXHIBIT C SPECIAL COLLECTION Special collection of construction debris, bulky items and accumulated trash on an "as needed" basis to be determined by the City of La Porte. RATES - PRICE PER YARD Labor, transportation and Equipment (Base Rate): $ 8.7S/yard Disposal fees: $ 3. SO/yard Total cost per yard: $12.2S/vard PAGE 18 OF 21 . e EXHIBIT D COLLECTION AND DISPOSAL SERVICE PROVIDED TO CITY AT NO CHARGE LOCATION QUANTITY SIZE Public Works Service Center 1 2 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 4 3 4 3 2 8 6 8 3 4 8 4 3 2 3 3 8 6 8 6 8 8 Fire station # 1 Fire station # 2 Animal Shelter Police Station Northside civic Center Fairmont civic Center Evelyn Kennedy civic Center Library Lomax Park City Hall Wastewater Treatment Plant E.M.S. Station/Fire Training San Jacinto Pool Little Cedar Bayou Park Northwest Park Bay Forest Golf Course La Porte Recreation Center Sylvan Beach Pavilion SPECIAL EVENTS Sylvan Beach Day Main street Fair Bay Day Main Street Antique Collection, disposal and modification of number, placement and frequency of Bin collection shall be governed under Paragraph 3.03 of the Contract. PAGE 19 OF 21 . e BOND BO. 584 44 44 pbPORKAlfCB BOND STA'l'! or TZXAS COUNry ow H~RRIS KNOW AtaL MZN BY 'THSS2 PRISEN'lS, That Br~Ferris, Inc. 1700 North "E" St., La Porte, TX 77571 (herelnafter called "Pxlnclpal"), as Pr inclpal, .n~ ::>areca J.nsurance Company of' America , a c:oz-poX'ation Qxganlzed and exIsting UDgeZ the laws of the state of Texas and authorlzea to act .a aurety on honds for principals (he~elnafter called .Surety"), as SU~ety, a~e held and fIr.l~ bound unto the City of La Porte, County of Harris, State of ~exa. (hereinaft.: called the "Clty.),.s City, in the penal sua of tbree hundred fifty thousan4 Dollars (83501000.00) ~o~ the pa~ent vhe~.a~, the aatd P~inclpal and Suzety bind the..elves, ~nd their h.l~s, ad.inlstrato~., eXecuto~s, SQccessozs and al81gn. jointly an4 severally, fitaly by these presents: VHBRKAS, the P~lnclpal has enteted into a eerta1n w~itten c:ontxact with the Cit~, elated the l~t day of NQv~mbe'J"_ lQQ'i for Coaaexcial and Industrial Soll~ Waste Colleetlon .n~ Disposal, which Contract is hereby referre4 to and made a part thereof . as if fully and to the S~.. extene copied at 1envth here1n, con.ist1n9 of the Request fo~ Progosal, Instzuctions to Propose~s, Proposal, Affidavit, Proposal lond, Contraet, General Specifications including Bxhiblts A, a and C, and any changes to the fox.golng documents agreed to by the City and the Principal. NOW TH2RBPORE, THB CONDITION OF THIS OBLICA'lION IS SUCH, that if the sald Principal shall faithfully pez-fora the cond1tions of the Contract,. free and clear of all lien. a~1s1n9 out of clalas foz 1.~or, aat.rlal. and othe~ servIces necessary !or the perform.nce of the Contraet, and indemnify and save ha~.less tbe City fzom all losses, coat or daaaqe that the City may suffer by reason of the failure of the P~lnclpalts !ailu%8 to do so, then tbls obl19atlon shall be Void; othezwise this ob119atlon shall re..ln 1n ~~11 force and effect. I Surety, for value received from the Principal, s~ipulates an4 agrees that no change, extension of contxact te~., alte%at1on or additlon to the te~.s of the Contraat, or other work perfo%aed thezeundez shall 1n an~ls8 af!ect its obl19atlon on this bond, ana it does hereby vaive notice of an~ such ~h.nge, extension of term, alteration or addition to th. tar.. 01 the Contra~t, or the work to be perforaed th.~.unde~. PAGE 20 01' 21 .. . e IN WITNESS WHER30F, the said Prlncl;al and su~ety sl~n.a ana seale~ this lnstruaent this 1st day of Novamer 1995. have , :a::;l~ _ Ann P. Reeves, '1'1 tle Vice President Add:te.. 1100 North "E" St. La Porte, Texas 77571 Saf'eco Insurance Company of' America Surety , 8Y~~", Nancy Nix, '1' it 1 e A ttorneY-in-f'act Adc:!~ess 1551 Juliett Rd. Stone Mountain, GA 30083 -- - (Seal) (Seal) Resident of Su~ety 1s: B. R. Goodeno Sedmrlck James of' Texas _ Int' - ~A11 "'nrtl p ~rppk Rl Vd _. T.R1 F na 11 as _ "'pyas 71)::>19-4419 PAG. 21 OJ' 21 . . [$] ~ SAFECO POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 118185 No. 5252 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation. does each hereby appoint ........GARY D. EKLUND; BARBARA S. MACARTHUR; HARRY G. STEVENS, JR.; ABBIE H. BROWN; K. E. MACARTHUR; NANCY NIX; RONALD A. SANTANIEllO; LESA A. SHACKLETT, Atlanta, Georgia............... its true and lawful attorney(s)-in-fact. with full authority to execute on its behalf fidelity and surety bonds or undertakings and other docunents of a similar character issued in the course of its business. and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 15th day of June 19 94 , CERTIFICA TE Extract frem the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND ~TY BO\IDS . . . the President, 8l'ti Vice President. the Secretary. and 'N"I Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other docllnents of similar character issued by the company in the course of its business . . . On arPi instrunent making or evidencing such appointment, the signatures may be affixed by facsimile. On anv instnl'Oent confening such authority or on arPi bond or undertaking of the cemparPi. the seal. or a facsimile thereof. may be impressed or affixed or in 'N"I other manner reproduced: provided. however. that the seal shall not be necessary to the validity of 8l'ti such instrunent or undertaking.. Extract frem a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted .AJIy 28. 1970. nOn arPi certificate executed by the Secretary or an assistant secretary of the Companv setting out. (i) The provisions of Article V. Section 13 of the By-Laws. and (ii) A copy of the power-af-attorney appointment. executed pursuant thereto. and (iii) Certifying that said power-of-attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile. and the seal of the Cor'nparYf may be a facsimile thereof." I. R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws iRf of a Resolution of the Board of Directors of these corporations. and of a Power of Attorney issued pursuant thereto, are true and correct. and that both the By-Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set rT'f'i hand and affixed the facsimile seal of said corporation this 1st day of November 19 95 S-874/EP ,/113 (!) Registerea traaemark of SAFECO Corporation.